Can I publicly criticize my competitors without fearing legal consequences?
June 6, 2023 | 30,00 EUR | answered by Greta Kleine
Dear Competition Law Attorney,
My name is Jessica Busse and I run a small business in the cosmetics products sector. Lately, I have noticed that some of my competitors are conducting questionable advertising campaigns and selling products that, in my opinion, do not comply with legal regulations. I am concerned that these competitors could negatively impact my own business operations through their unfair behavior.
Therefore, my question to you is: Can I publicly criticize my competitors without fearing legal consequences? I would like to know if I am allowed to address and make it clear on my online channels or website the questionable practices of my competitors, stating that I do not approve of their behavior. Are there legal boundaries that I should be aware of in order to avoid legal issues?
I want to ensure that I operate within the framework of competition law and do not commit any violations. At the same time, it is important for me to express my opinion and warn potential customers about possible dangers. I would greatly appreciate your professional assessment and legal advice on this matter.
Thank you in advance for your help and support.
Sincerely,
Jessica Busse
Dear Mrs. Busse,
Thank you for your inquiry and your trust in my expertise in the field of competition law. I understand your concern about how questionable advertising measures and products of your competitors could affect your own business. I am happy to provide you with some legal information and advice on your question.
In general, it is allowed to publicly criticize your competitors, as long as your statements are true and understandable. You have the right to express your opinion and warn potential customers about questionable practices. However, you should pay attention to some legal boundaries to avoid legal issues.
First and foremost, make sure that your criticism is factual and objective. Avoid spreading false information or offensive statements, as this could lead to legal consequences. It is important that you base your criticism on facts and understandable arguments.
Furthermore, make sure not to spread false facts or make untrue claims. Defamatory statements or damaging reputations could lead to legal action by your competitors. Therefore, stick to the truth and support your statements with specific evidence.
Additionally, avoid disclosing confidential information or business secrets of your competitors. Avoid making internal or sensitive data public, as this could lead to legal consequences.
Overall, it is important that your criticism is fair and transparent and complies with competition law. If you are unsure whether your statements are legally permissible, I recommend seeking advice from a competition law attorney. An expert can help you formulate your criticism in a legally secure manner and minimize potential risks.
I hope that my information was helpful to you and I am happy to assist you with any further questions. Thank you for your inquiry and I wish you success with your cosmetics business.
Sincerely,
Greta Kleine
